DMP Mutual Support Thread (Part 5)

2spicy

cheers for that jem geoffmr1. very useful to know.

how about demanding money with menaces ? another good one??

tetley76

Hi Cocker, I too am waiting for a copy of the CCA for my lloyds loan - sent a second request (recorded delivery) as have still heard nothing - what exactly is a 'SAR' what does it stand for and shoudl i request this instead? Many thanks

cocker100 wrote: »

Hiya TP,

Just been reading through your recent posts!

With regards to the CCA request for the Halifax account, is the account a credit card, loan or overdraft? You cannot send a CCA request for an overdraft account so Halifax could pass it to Moorcroft without breaking any regs if this was the case.

However, if the account is either a credit card or loan account, then they are definately not allowed to pass the account to a DCA whilst it remains in dispute.

If they have replied to the CCA request, but you are not satisfied with what they have replied with, then I would reply to them using the "account in dispute" template letter (found somwehere in the CCA request thread) and demand that they send out the correct paperwork.

An application form DOES NOT conform to the requirements of the CCA request if it doesn't contain all the prescribed terms(again look on CCA thread for details) and would be unenforceable in court. If they have sent this, then the account is still in dispute.

As long as this is the case, you are not obliged to make any payments to the account and if the creditor tries to enforce action on you, they are in breech on OFT guidelines on debt collection.

I've seen lately that creditors are trying to get around the CCA request (CCA1974 s77-79) by quoting the 1983 amendments where they are allowed to omit certain info on the form including signatures. I have now found it better to request a SAR for £10 instead. Here they have to provide all details they hold on you including a full true copy of the "alleged" credit agreement between creditor and debtor.

If they cant provide it, they are screwed and cant take you to court or persue the debt at all!!!It's then up to you if you continue to pay them anything!!!:D

Hope this helps you a bit, if you need any more advice give me a shout and i'll try to assist.

Cocker:)

geoffmr1

cheesypuff wrote: »

Hi newbie here and a bit confused with everything

Can anyone let me know when you send your letter from CCCS with token payments to the cc companies do you just send to the normal payment address on the statement?

Also I know this is daft but I have never bought postal orders before, do I just buy them at the counter and fill them in at home, the post office wont need names on them will they?

HAs anyone ever dealt with Nationwide? CCCS have told me they may try to put a charge on our proprety through enforcement of justice office. Feeling rather scared at this.
:eek:

Hi Cheesypuff,

Yes just send the token payments & letters to the usual addresses on the statements. I haven't found any not get through yet.

I haven't used postal orders myself but I think they print out the companies name on them which makes it safer, I could be wrong on that though.

With regards Nationwide can I ask what it is you have with them, is it a CC, OD or loan etc?? A lot depends on the balance you owe, how much you will be paying etc.

geoffmr1

Hi Tetley76,

SAR = Subject Access Request. With this they are supposed to supply copies of all paperwork etc they hold on you.

geoffmr1

2spicy wrote: »

cheers for that jem geoffmr1. very useful to know.

how about demanding money with menaces ? another good one??

I knew my knowledge gained from being an ex security guard would come in useful at some point!! :rotfl:

cheesypuff

Thanks geoffmr1

We have 2 credit cards and an overdraft. Total debt coming in about 11,500.

Louise82_2

Hi guys hope i can join and get a number soon as i am having my assessment with payplan today at 2. Very nervous about it though to be honest. Hope it works out. My main worry is over a loan i have with 8k remaining. It was originall 10k and i been payin it over a year but its is guaranteed by my mother. She is not in a position to repay it nor would i expect her ever ever ever to have to pay for my debts. I honestly thought when i took it out i would have been able to keep it up, and i would have had i not got myself so heavily in debt since. I was wondering wat will payplan think of this. Will they allow me to continue payin it? and do my other unsecured seperate as technically this loan is secured in a sense.
Thanks all in advance

geoffmr1

cheesypuff wrote: »

Thanks geoffmr1

We have 2 credit cards and an overdraft. Total debt coming in about 11,500.

It will probably depend on how much you are going to pay towards the debt each month before they decide what action to take. I have a debt with Nationwide & although they weren't very co-operative at first I didn't get any threats from them at all. They eventually put my debt onto their in-house collection team who agreed with the DMP & then they sold the debt on to Fredrickson's. CCCS sent them all the DMP details & they accepted it, that was a year ago & everything has been fine so far.

I know it's really hard but you are doing the right thing & once you've had the DMP a while you'll wonder why you was ever worried.

cheesypuff

Thanks for the advice GeoffMr1

I guess we will have to wait and see what happens, DMP only starting 01.5.09, so will know better then.

Cheers

Skintlady

Hey guys got all my DMP starter pack through and im feeling really great and positive today:o .
It gives me a break down of everything i will be paying to individual creditors and it looks really decent, i really can't see them creating too much of a fuss over the amaounts. Its eased some of my guilt as its not as if im shirking my debts completely they are getting my money!!!:D

Also got a letter from Lloyds thanking me for my £1 token payment and saying they are there for a chat if i need to discuss and difficulties!!!! hhhhhmmmmm !!!

Finally got all money over to new account and is so satisfying looking at my direct debits for all priority debts and actually having money in the account!!!
All in all a good day so far!!! For the first time satisfied i have done the right thing!!!!